1.24.260 Execution of Writ of Restitution

(a) All writs executed by a county sheriff shall be performed pursuant to sec. 799.45, Wis. Stats.

(b) In all writs executed by an officer action under tribal authority the officer shall:

(1)(A) Remove from the premises described in the writ the person of the defendant and all other persons found upon the premises claiming under the defendant, using such reasonable force as is necessary.

(B) Remove from the premises described in the writ, using such reasonable force as may be necessary, all personal property found therein not the property of the plaintiff.

(C) Exercise ordinary care in the removal of all persons and property from the premises and in the handling and storage of all property removed therefrom.

(2) In accomplishing the removal of property from the premises described in the writ, the officer is authorized to engage the services of a mover or trucker.

(A) Except as provided in par. (B), the property removed from such premises shall be taken to some place of safekeeping within the county selected by the officer. Within 3 days of the removal of the goods, the officer shall mail a notice to the defendant as specified in sub. (3) stating the place where the goods are kept and shall deliver to the defendant any receipt or other document required to obtain possession of the goods. Warehouse or other similar receipts issued with respect to goods stored by the officer under this subsection shall be taken in the name of the defendant. All expenses incurred for storage and other like charges after delivery by the officer to a place of safekeeping shall be the responsibility of the defendant, and any person accepting goods from the officer for storage under this subsection shall have all of the rights and remedies accorded by law against the defendant personally and against the property stored for the collection of such charges. Risk of damages to or loss of such property shall be borne by the defendant after delivery by the officer to the place of safekeeping.

(B) When, in the exercise of ordinary care, the officer determines that property removed from premises described in the writ is without monetary value, he may deliver or cause the same to be delivered to some appropriate place established for the collection, storage and disposal of refuse. In such case he shall notify the defendant as specified in sub. (3) of the place to which the goods have been delivered within 3 days of the removal of the goods. The exercise of ordinary care by the officer under this subsection does not include searching apparently valueless property for hidden or secreted articles of value.

(3) Manner of giving notice to defendant. All notices required by sub. (2) to be given to the defendant by the officer shall be in writing and shall be personally served upon the defendant or mailed to the defendant at the last-known address, even if such address be the premises which are the subject of the eviction action.

(4) Return of writ; taxation of additional costs.

(A) Within 10 days of the receipt of the writ, the officer shall execute the writ and perform all of the duties required by this section and return the same to the court with the officer's statement of the expenses and charges incurred in the execution of the writ and paid by the plaintiff.

(B) Upon receipt of the returned writ and statement from the sheriff, the clerk shall tax and insert the judgment as prescribed by Section 1.22.130 the additional costs incurred by the plaintiff.

(5) Prior to executing a writ of restitution, the officer may require that the plaintiff deposit a reasonable sum representing the probable cost of removing defendant's property, based upon the reasonable removal and storage expenses of personal property and an officer's fee of $10.00 per hour spent on the execution of the writ.